Medida socioeducativa de internação (ECA/90): ensaios acerca da responsabilidade penal do adolescente no Brasil

Abstract

The main objective of this work is to analyze whether the socio-educational measure of detention (ECA/90) provides the parameters for the protection and human rights of adolescents who commit an infraction. It depicts the historical moments that influenced the treatment given to childhood and adolescence in Brazil, in the trajectory of juvenile criminal law until reaching the Child and Adolescent Statute, which breaks with the paradigm of Irregular Situation (former Code of Minors), from of the Integral Protection Doctrine, which is instituted by the same legal apparatus. The Socio-Educational Internment Measure represents a loss to the adolescent due to deprivation of freedom, as the ECA does not address the norms, nor how the application of this measure should occur. This generates ignorance by the operators of the law, and, consequently, the abuse of power. The scenario of violence and criminalization of the poor population that settles in Brazil is the result of relations mediated by the neoliberal situation. The State acts in its most brutal (criminal) form on black, poor and peripheral adolescents. The research was carried out from a theoretical study supported by the light of Marxist critical social theory and with the contribution of critical criminology authors. The investigation seeks to show whether the Socio-Educational Internment Measure places adolescents in a positive state of guaranteeing their human rights or denying them. The option for the Socio-Educational Detention Measure ends up becoming recurrent in view of the offenses committed by the adolescent, resulting in accountability through the increase in hospitalization in a closed establishment (deprivation of freedom). Furthermore, it is evident that in various spheres of society there has been a strong appeal to reduce the age of criminal responsibility, which leads to an ideological setback in terms of juvenile criminal law. When this measure is established, the punishment/penalty can be seen, as it reveals characteristics of the tutelary doctrine (minorism). Adolescents, on the other hand, are in a place of vulnerability in the face of the Justice System, without the opportunity to oppose the administrative or judicial power. Therefore, the way, in which SINASE regulations are applied within socio- educational care institutions results in human rights violations and, consequently, the re-entry of adolescents into the system, also because of the reproduction of criminality that takes place in capitalist relations.